11th Circuit Case Commentaries

Judicial Estoppel in Employment Discrimination and Bankruptcy: Burnes v. Billups

Date: May 21, 2002

Judicial Estoppel in Employment Discrimination and Bankruptcy: Burnes v. Billups Introduction The case of Walter Burnes et al. v. Levi A. Billups, III (291 F.3d 1282) presents a significant...

EMTALA's Stabilization Requirement Limited to Transfers: Harry v. Aventura Hospital

Date: May 17, 2002

EMTALA's Stabilization Requirement Limited to Transfers: Harry v. Aventura Hospital Introduction Case: Bernie Harry, as Personal Representative of the Estate of Lisa Normil, deceased,...

Clarifying 'Similarly Situated' in FLSA §216(b) Class Action Certification: White v. Osmose, Inc.

Date: May 14, 2002

Clarifying 'Similarly Situated' in FLSA §216(b) Class Action Certification: White v. Osmose, Inc. Introduction In the landmark case of Chesley H. White, Jr., individually and on behalf of all other...

Reasonable Attorneys' Fees and Cost Recovery in Frivolous Litigation: Insights from Scelta v. Delicatessen Support Services

Date: May 14, 2002

Reasonable Attorneys' Fees and Cost Recovery in Frivolous Litigation: Insights from Scelta v. Delicatessen Support Services Introduction In the case of Bernadette Scelta v. Delicatessen Support...

Aron v. United States: Revisiting § 2255 Timeliness and Due Diligence Post-AEDPA

Date: May 14, 2002

Aron v. United States: Revisiting § 2255 Timeliness and Due Diligence Post-AEDPA Introduction The case of Anthony Aron v. United States of America, 291 F.3d 708 (11th Cir. 2002), presents a...

Exigent Circumstances and Warrantless Searches: Insights from United States v. Holloway

Date: May 11, 2002

Exigent Circumstances and Warrantless Searches: Insights from United States v. Holloway Introduction The case of United States of America v. Robert Dale Holloway, 290 F.3d 1331 (11th Cir. 2002),...

Defining Violent Felonies and Speedy Trial Exceptions: Insights from United States v. Miles (11th Cir. 2002)

Date: May 11, 2002

Defining Violent Felonies and Speedy Trial Exceptions: Insights from United States v. Miles (11th Cir. 2002) Introduction United States v. Donald Edward Miles is a significant appellate case decided...

Clausen v. Laboratory Corporation of America: Upholding Rule 9(b) in False Claims Act Litigation

Date: May 10, 2002

Clausen v. Laboratory Corporation of America: Upholding Rule 9(b) in False Claims Act Litigation Introduction Clausen v. Laboratory Corporation of America, Inc., 290 F.3d 1301 (11th Cir. 2002), is a...

Enhancements in Child Pornography Sentencing: United States v. Bender Analysis

Date: May 9, 2002

Enhancements in Child Pornography Sentencing: United States v. Bender Analysis Introduction United States of America v. Jeremy Bender is a landmark case adjudicated by the United States Court of...

Affirmation of the Analogue Act's Constitutionality in Classifying GBL as a Controlled Substance Analogue under 21 U.S.C. § 813

Date: May 3, 2002

Affirmation of the Analogue Act's Constitutionality in Classifying GBL as a Controlled Substance Analogue under 21 U.S.C. § 813 Introduction The case of United States of America v. Mark Fisher, Devon...

Establishing Prevailing Party Status through Approved Settlements Under the ADA: American Disability Association, Inc. v. Ariel Chmielarz

Date: May 2, 2002

Establishing Prevailing Party Status through Approved Settlements Under the ADA: American Disability Association, Inc. v. Ariel Chmielarz Introduction In American Disability Association, Inc. v....

Federal Forum Non Conveniens Prevails over State Law in Diversity Jurisdiction: Esfeld et al. v. Costa Crociere

Date: May 1, 2002

Federal Forum Non Conveniens Prevails over State Law in Diversity Jurisdiction: Esfeld et al. v. Costa Crociere Introduction In the landmark case of Patricia Esfeld, Donald Esfeld, Eleanor Cohon,...

Voluntariness of Consent to Search: Ramirez-Chilel Affirms Entry Based on Yielding Right-of-Way

Date: Apr 26, 2002

Voluntariness of Consent to Search: Ramirez-Chilel Affirms Entry Based on Yielding Right-of-Way Introduction The case of United States of America v. Carlos Enrique Ramirez-Chilel (289 F.3d 744, 11th...

Eleventh Circuit Upholds Broad Interpretation of "In Connection With" for Firearm Possession Enhancements under USSG §2K2.1(b)(5)

Date: Apr 24, 2002

Eleventh Circuit Upholds Broad Interpretation of "In Connection With" for Firearm Possession Enhancements under USSG §2K2.1(b)(5) Introduction The case of United States of America v. Scott Allen...

Misprision of a Felony as a Crime of Moral Turpitude: Insights from Itani v. Ashcroft

Date: Apr 23, 2002

Misprision of a Felony as a Crime of Moral Turpitude: Insights from Itani v. Ashcroft Introduction Itani v. Ashcroft, 298 F.3d 1213 (11th Cir. 2002), serves as a pivotal case in immigration law,...

Executor Liability and Attorney Fees under IRC §2210 and §7430: Insights from Wilkes v. United States

Date: Apr 23, 2002

Executor Liability and Attorney Fees under IRC §2210 and §7430: Insights from Wilkes v. United States Introduction In the landmark case Nolan R. Wilkes, Jr., Personal Representative of the Estate of...

Establishing Personal Jurisdiction Over Foreign Corporations through Agent Subsidiaries: Meier v. Sun International Hotels

Date: Apr 20, 2002

Establishing Personal Jurisdiction Over Foreign Corporations through Agent Subsidiaries: Meier v. Sun International Hotels Introduction Meier v. Sun International Hotels, Ltd., 288 F.3d 1264 (11th...

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11th Circuit Case Commentaries

Judicial Estoppel in Employment Discrimination and Bankruptcy: Burnes v. Billups

EMTALA's Stabilization Requirement Limited to Transfers: Harry v. Aventura Hospital

Clarifying 'Similarly Situated' in FLSA §216(b) Class Action Certification: White v. Osmose, Inc.

Reasonable Attorneys' Fees and Cost Recovery in Frivolous Litigation: Insights from Scelta v. Delicatessen Support Services

Aron v. United States: Revisiting § 2255 Timeliness and Due Diligence Post-AEDPA

Exigent Circumstances and Warrantless Searches: Insights from United States v. Holloway

Defining Violent Felonies and Speedy Trial Exceptions: Insights from United States v. Miles (11th Cir. 2002)

Clausen v. Laboratory Corporation of America: Upholding Rule 9(b) in False Claims Act Litigation

Enhancements in Child Pornography Sentencing: United States v. Bender Analysis

Affirmation of the Analogue Act's Constitutionality in Classifying GBL as a Controlled Substance Analogue under 21 U.S.C. § 813

Establishing Prevailing Party Status through Approved Settlements Under the ADA: American Disability Association, Inc. v. Ariel Chmielarz

Federal Forum Non Conveniens Prevails over State Law in Diversity Jurisdiction: Esfeld et al. v. Costa Crociere

Voluntariness of Consent to Search: Ramirez-Chilel Affirms Entry Based on Yielding Right-of-Way

Eleventh Circuit Upholds Broad Interpretation of "In Connection With" for Firearm Possession Enhancements under USSG §2K2.1(b)(5)

Misprision of a Felony as a Crime of Moral Turpitude: Insights from Itani v. Ashcroft

Executor Liability and Attorney Fees under IRC §2210 and §7430: Insights from Wilkes v. United States

Establishing Personal Jurisdiction Over Foreign Corporations through Agent Subsidiaries: Meier v. Sun International Hotels

Clarity on Fla. Stat. §400.023: Thompson v. Kindred Nursing Centers East

Eleventh Circuit Upholds Denial of Preliminary Injunction in Copyright Dispute: Palmer v. Braun

Enhanced Judicial Scrutiny for the Use of Stun Belts in Criminal Trials